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State raids VictoryLand, sues 3 Indian casinos

Alabama State Troopers guard the road leading to Victoryland Casino in Shorter after Attorney Gen. Luther Strange shut it down on Tuesday.

Mickey Welsh | Montgomery Advertiser | The Associa

The Associated Press

Published: Tuesday, February 19, 2013 at 9:33 a.m.

Last Modified: Tuesday, February 19, 2013 at 9:33 a.m.

MONTGOMERY | The state acted Tuesday to shut down four casinos it maintains are operating illegally in Alabama, filing suit to close three Indian gambling centers and seizing machines and cash from VictoryLand.

Attorney General Luther Strange's office filed suit against the Poarch Band of Creek Indians to close their casinos in Atmore, Montgomery and Wetumpka.

State troopers, meanwhile, served a search warrant with the aim of closing VictoryLand, located in Shorter in Macon County.

A statement from Strange said VictoryLand was operating in "open defiance" of laws against gambling.

"From my first day in office, I have worked to ensure that illegal gambling laws are enforced consistently across the state," Strange said.

The Poarch Band said its electronic bingo machines are legal under federal law, and that's what matters since it is a federally recognized tribal organization.

"While we respect Mr. Strange's attempts to fulfill his duties as state attorney general, he is not a federal official and therefore has no jurisdiction or enforcement authority over tribal land or tribal gaming operations," the group said in a statement.

A lawyer for VictoryLand owner Milton McGregor, Joe Espy, said no court has ever ruled that the machines at the east Alabama attraction are illegal.

"No matter how one feels about legal gaming, this is a sad day for Alabama," Espy said in a statement. He called the lawsuit against the Poarch Band casino "a smokescreen and a waste of taxpayer money" since the state lacks control of Indian gambling.

The moves were the latest in the state's long-running effort to shut down what it contends are illegal gambling operations.

Both the tribal group and VictoryLand operators contend their machines are legal.

The lawsuit over the Poach Band casinos, filed in Elmore County, asked a court to stop the use of illegal slot machines at the group's Wind Creek Casino in Atmore; the Creek Casino in Montgomery; and the Creek Casino in Wetumpka.

Federal law doesn't allow state police to enforce state law on Indian lands, but the lawsuit said the Poarch Band cannot operate slot machines or lotteries that are illegal everywhere else in Alabama.

State troopers blocked the entrance to VictoryLand, which was closed but reopened in December after federal jurors last year acquitted McGregor and others in an alleged Statehouse bribery scheme. Strange said officer seized several hundred gambling machines and case.

The state will ask a Macon County court to make the owners forfeit the machines and money to the state, Strange's office said.

<p>MONTGOMERY | The state acted Tuesday to shut down four casinos it maintains are operating illegally in Alabama, filing suit to close three Indian gambling centers and seizing machines and cash from VictoryLand.</p><p>Attorney General Luther Strange's office filed suit against the Poarch Band of Creek Indians to close their casinos in Atmore, Montgomery and Wetumpka.</p><p>State troopers, meanwhile, served a search warrant with the aim of closing VictoryLand, located in Shorter in Macon County.</p><p>A statement from Strange said VictoryLand was operating in "open defiance" of laws against gambling.</p><p>"From my first day in office, I have worked to ensure that illegal gambling laws are enforced consistently across the state," Strange said.</p><p>The Poarch Band said its electronic bingo machines are legal under federal law, and that's what matters since it is a federally recognized tribal organization.</p><p>"While we respect Mr. Strange's attempts to fulfill his duties as state attorney general, he is not a federal official and therefore has no jurisdiction or enforcement authority over tribal land or tribal gaming operations," the group said in a statement.</p><p>A lawyer for VictoryLand owner Milton McGregor, Joe Espy, said no court has ever ruled that the machines at the east Alabama attraction are illegal.</p><p>"No matter how one feels about legal gaming, this is a sad day for Alabama," Espy said in a statement. He called the lawsuit against the Poarch Band casino "a smokescreen and a waste of taxpayer money" since the state lacks control of Indian gambling.</p><p>The moves were the latest in the state's long-running effort to shut down what it contends are illegal gambling operations.</p><p>Both the tribal group and VictoryLand operators contend their machines are legal.</p><p>The lawsuit over the Poach Band casinos, filed in Elmore County, asked a court to stop the use of illegal slot machines at the group's Wind Creek Casino in Atmore; the Creek Casino in Montgomery; and the Creek Casino in Wetumpka.</p><p>Federal law doesn't allow state police to enforce state law on Indian lands, but the lawsuit said the Poarch Band cannot operate slot machines or lotteries that are illegal everywhere else in Alabama.</p><p>State troopers blocked the entrance to VictoryLand, which was closed but reopened in December after federal jurors last year acquitted McGregor and others in an alleged Statehouse bribery scheme. Strange said officer seized several hundred gambling machines and case.</p><p>The state will ask a Macon County court to make the owners forfeit the machines and money to the state, Strange's office said.</p>